Ponnachan @ Varghese vs State Of Kerala

Gopinath P, J

The petitioners are the accused Nos.2 & 3 in Crime No.1535/2021 of Pathanamthitta Police Station, Pathanamthitta District alleging commission of offences under Sections 323, 506, 498A and Section 34 of the Indian Penal Code.

The de facto complainant is the wife of the 1st accused. The 2nd accused, (1st petitioner herein) is the father of the 1st accused. The 3rd accused (2nd petitioner herein) is the sister of the 1st accused. The allegations against the petitioners is that after the marriage of the 1st petitioner with the de facto complainant, the petitioners together with the 1st accused had subjected the de facto complainant to cruelty and had raised demands for payment of more dowry and that the 1st and 2nd accused had also physically assaulted her owing to a demand for dowry.

The learned counsel for the petitioner would submit that there are matrimonial disputes between the 1st accused and the de facto complainant. The 1st accused had filed OP (Div) No.433/2019 before the Family Court, Pathanamthitta seeking divorce from the de facto complainant. It is submitted that the information which led to registration of Crime No.1535/2021 was given much later and 12-10-2021. It is submitted that the allegations are totally false and are made only with an attempt to settle matrimonial disputes between the 1st accused and the de facto complainant.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor on instructions submits that the investigation in the matter is progressing. It is submitted that there are allegations that the 1st accused and 2nd accused physically assaulted the de facto complainant. It is also submitted that the grant of bail will affect the progress of investigation and further that if this court is inclined to grant bail the same may be on sufficient conditions to ensure that the investigation in the matter is not affected in any manner.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners, I am of the view that the petitioners can be granted anticipatory bail as their custodial interrogation may not be necessary for a proper investigation into Crime No.1535/2021 of Pathanamthitta Police Station.

In the result, this bail application is allowed. It is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.1535/2021 of Pathanamthitta Police Station subject to the following conditions:-

(i) Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the Investigating officer in Crime No.1535/2021 of Pathanamthitta Police Station as and when called upon to do so;

(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1535/2021 of Pathanamthitta Police Station;

(iv) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1535/2021 of Pathanamthitta Police Station may file an application before the jurisdictional Court for cancellation of bail.